Squatters vs Trespasser (Houston, Dallas, Fort Worth: apartment, rental homes, eviction)

[marykate1]

I have been hearing a lot about Squatters taking over homes. This is specially common in blue states like NY and CA.

I live in Houston. What exactly is the difference between Squatters vs Trespasser?

If I go for a vacation for one week and come back to find someone living in my house. Can I forcefully kick that person out?

Can anyone shed some light on this issue?

[SanJac]

Originally Posted by marykate1

I have been hearing a lot about Squatters taking over homes. This is specially common in blue states like NY and CA.

I live in Houston. What exactly is the difference between Squatters vs Trespasser?

If I go for a vacation for one week and come back to find someone living in my house. Can I forcefully kick that person out?

Can anyone shed some light on this issue?

I’m not an expert but from what I understand the property must be vacant for at least 30 days before it becomes a squatting situation. This mostly impacts people with inherited properties or investment properties that are unoccupied.

Once the squatters are there it is difficult to get them out because you have to follow an eviction process that is time-consuming.

[marykate1]

So If I go out of town for 30+ days, someone can occupy my property.

What if I come back on 29th day and found someone? Can I take physical action against them?

[WRM20]

Originally Posted by marykate1

So If I go out of town for 30+ days, someone can occupy my property.

What if I come back on 29th day and found someone? Can I take physical action against them?

If they claim to have a lease, the police will tell you it's a civil matter.

In general, from friends who own property, forcible eviction is illegal in Texas. You will have to do a judicial eviction.

The 30 day thing is how long a squatter has to occupy a property to gain certain rights.

Contact a property attorney to get a clear answer.

[SanJac]

TikTok’s latest contribution to American domestic tranquility is a video by a Venezuelan migrant outlining his plan for “invading a house in the United States” and taking it from the owner. “I found out that there is a law that says that if a house is not inhabited, we can seize it.” Naturally this went viral.

The young migrant may have chutzpah, but he’s gamed out President Biden’s border abdication and, crazy enough, he’s not wrong about his home-invasion scam. Squatters are moving into people’s homes uninvited, and once in they can be almost impossible to dislodge.

We saw this in New York last week: When Adele Andaloro tried to rid the house she inherited from her parents of squatters by changing the locks, the cops led her away in handcuffs. The squatters could still make themselves at home.

It’s happening all over. In Georgia, Paul Callins found squatters had moved into his home and changed the locks while he was away caring for his sick wife. In Texas, Houston schoolteacher Amberlyn Prather and her family used a fake lease to occupy a Houston home. In California, Flash Shelton retook his mother’s house by moving in when the squatters were out—and then claimed squatter’s rights himself. Two squatters were arrested Friday in connection with the murder of Nadia Vitel after she confronted them in her late mother’s Manhattan apartment this month.
The problem is that most places have laws that give squatters rights after 30 days. If they claim to be tenants, the homeowner usually has to get a court order to evict them, which can take weeks. Until then the cops can’t do anything because squatting is a civil matter.

“Squatting in years past was something that generally took place when homes were abandoned or simply ignored and uncared for,” says David Howard, chief executive officer for the National Rental Home Council (NRHC). “Squatters were typically individuals that were literally in need of shelter from the storm. What we’re seeing now is intentional acts of trespassing by people who know how to work the system.”

Some states are wising up. On Wednesday Florida Gov. Ron DeSantis signed bipartisan legislation to let police boot squatters immediately, and apply criminal penalties for anyone presenting a fake lease or doing more than $1,000 in damage. On Tuesday, the Georgia Legislature approved a bill criminalizing squatting. A Long Island state assemblyman has introduced anti-squatting legislation in New York.

Numbers are hard to come by, but in a survey taken last fall of its members who own single-family rental homes, the NRHC found about 1,200 homes taken over by squatters in Atlanta. It was 475 in Dallas-Fort Worth, and 125 in Orange County, Fla.

The squatters are manipulating the legal system to abuse a fundamental right to property. A legal system that is time consuming and expensive works against actual homeowners. They can’t get the squatters out or prevent them from inflicting costly damage. Without the power to remove people squatting in their homes, property rights become meaningless.

More states and cities should look to ban squatters so migrants don’t think they can cross the border and take up residence in your home when you’re visiting the relatives.

[kreeyax]

If you're really worried about this when you'll be gone for an extended period just set up cameras in and around your home that alert you when there's motion. If you see someone breaking in you can call the police and have them removed immediately. There are some pretty low cost camera options like Wyze cams, Ring cameras, Arlo, etc...

[marykate1]

But once they break in they can become Squaters. If police comes to get them out they can show fake lease papers.

[Dopo]

As pro-business as the laws are here and almost complete lack of consumer protection
I find it hard to believe that this is possible


The Squatter Must Reside on the Property for a Continuous Period

Texas has several different minimum time periods that a squatter must meet in order to claim adverse possession, they are as follows:

Minimum of 3 years - Here, the squatter must have "color of title" and prove that they have occupied the property for at least 3 years.
5 years - This requires that a squatter pay property taxes for 5 years and reside on the property for a similar period.
10 years - Without color of title and paying taxes, a squatter must reside on the unit for a minimum of 10 years.
The period of occupancy, whether 3, 5, or 10, must be uninterrupted. Note that ‘Color of title’ simply means irregular property ownership. The ‘owner’ may be missing one or more of the required documents required for legal ownership.


A Clarification of Color-of-Title

Color-of-title refers to a document or other instrument that appears to be a legitimate claim of title to a piece of land but due to a title defect, cannot transfer or convey ownership. In plainer language, a scrap of paper without all the required elements of a clear deed of title could still be used to claim ownership via adverse possession.

[marykate1]

But who is going to confirm if they have lived in the property for 30 days, 3 years or 3 hours. Squatter can always say that he/she is living there for the last 10 years.

[considerforamoment]

I gather the squatters pay no penalty for squatting?

Say you do the eviction process that takes months.

The squatters still get off scot free? It's not a crime?